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High Court for State of TelanganaWP/22007/2008closed no costs

Jaigiri Devender Rao, v. The Government Of Andhra Pradesh,

2018-09-12U.Durga Prasad Rao3 pages

THE HON'BLE SRI JUSTI CE U.DURGA PRASAD RAO W RI T PETI TI ON No. 2 2 0 0 7 OF 2 0 0 8 ORDER:

The petitioners seek writ of mandamus declaring the action of the respondents in trying to dispossess the petitioners from the lands in survey Nos. 451/ A, 451/ AA and 451/ E in an extent of Ac. 2.10 guntas and survey Nos. 452/ A, 452/ AA and 452/ E in an extent of Ac. 1.68 cents situated at Dandepalli Village & Mandal, Adilabad District, in spite of interim stay granted by respondent No. 1 in the revision petition filed before him by the petitioners and its pending before respondent No. 1 as illegal and arbitrary and consequently direct the respondents not to dispossess the petitioners from the aforesaid lands. 2.

Heard learned counsel for the petitioners and learned Government Pleader for Social Welfare (T.S.) appearing for respondent Nos. 1 to 4.

3.

The main submission of learned counsel for the petitioners is that the petitioners suffered an order of eviction from the lands mentioned supra under the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1970. The said order was questioned in appeal and the appeal was disposed of on 30-06-2007 confirming the order of respondent No. 3 and questioning the said order, the petitioners moved respondent No. 1 by way of revision petition. Respondent No. 1 granted interim stay until further orders by Memorandum No. 6043/ LTR-2/ 2007-1 and the same is still in force. The

petitioners raised crops in the lands thereafter and though stay is in operation and the revision is pending, respondent No. 4 is trying to eject the petitioners unlawfully from the aforesaid lands. Hence, the Writ Petition.

4.

Learned Government Pleader, on instructions, would submit that the stay earlier granted by respondent No. 1 was vacated and questioning the same, the present Writ Petitioners filed W.P.No. 3587 of 2009, wherein this Court by its order dated 25-02-2009 granted interim suspension of the eviction orders as confirmed in the appeal. Learned Government Pleader would further submit that by order dated 14-07-2011, this Court disposed of W.P.No. 3587 of 2009 itself giving direction to respondent No. 1 to dispose of the revision petition within a period of two months from the date of receipt of a copy of the said order.

5.

A perusal of the copy of the order dated 14-07-2011 in W.P.No. 3587 of 2009 confirms the submission made by learned Government Pleader, wherein this Court directed respondent No. 1 to dispose of the revision petition within a period of two months from the date of receipt of a copy of the order. This Court further directed that status quo as on the date of the order shall be maintained by all parties till disposal of the revision petition. In view of the order already passed in W.P.No. 3587 of 2009, no further orders need to be passed in the present Writ Petition.

6.

The Writ Petition is closed accordingly.

Pending miscellaneous petitions, if any, shall stand dismissed in consequence.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 12-09-2018.

U.DURGA PRASAD RAO, J.

JSK